Civil Code (Cap. 16)

Civil Code (Cap. 16), article 958E

Official PDF on legislation.mt

958E. (1) The Civil Court (V oluntary Jurisdiction Section) shall be competent to issue a Eu ropean Certificate of Successio n in all cases. (2) A notary may only issue a European Certificate of Succession where all the beneficiaries of the succession are in 220 [CAP. 16. CIVIL CODE agreement on the contents of the certificate and have expressed their consent in writing to the notary to proceed with the issu e of the certificate. (3) A notary shall not issu e a European Certificate of Succession: (a) where an application for the issue of such a certificate concerning the succession of the same person has been made to the Civil Court (V oluntary Jurisdiction Section) prior to the issue of a certificate; (b) where the agreement of all the beneficiaries of the succession in accordance with sub-article (2) has not been attained; or (c) where the notary is aware that there is a dispute concerning the inheritance or estate or parts of the estate of the deceased. (4) In the cases referred to in su b-article (3), the notary or a n advocate may, on the request of any person referred to in Artic le 63(1) of the Succession Regulation, make an application to the Civil Court (V oluntary Jurisdic tion Section) on behalf of such person for the issue of a Eur opean Certificate of Succession. (5) For the purposes of this article, "beneficiaries of the succession" means the known heirs and legatees of the successio n, and if any, the testamentary executors. Registration of application. Added by: XVI.2015.6.

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